Bankruptcy - Frequently Asked Questions

Bankruptcy Helpline
0800 564 22 11

Bankruptcy Explained

Bankruptcy - Frequently Asked Questions

Before you take any action to apply for your own bankruptcy, you should seek expert advice about bankruptcy and the other options available to you. The Insolvency Service and the courts cannot advise you on specific insolvency problems; for example, whether you should go bankrupt.

What is Bankruptcy?

Bankruptcy is just one of several options to be considered when an individual cannot repay their debts. If you are ever faced with the prospect of bankruptcy you should always look at alternatives as soon as possible such as an Individual Voluntary Arrangement or a Debt Management Plan. Bankruptcy can free you from overwhelming debt to give you a fresh start on your finances, however it is a serious commitment and should not be entered into lightly.

Bankruptcy has two main aims:

  • To free the individual from the pressures of creditors (people they owe money to) to enable him or her to make a fresh start.
  • To ensure that all assets (such as property and investments) are distributed fairly among your creditors.

Anyone can go bankrupt, including individual members of a partnership. There are different insolvency procedures for dealing with companies and for partnerships themselves.

The Courts are officially responsible for making a bankruptcy order against an individual, although this is usually done at the request of either the individual or one of his/her creditors.

The assets of the bankrupt individual then fall under the control of a Trustee, this will be either the Official Receiver (a civil servant and officer of the Court), or a licensed Insolvency Practitioner. Whoever is appointed becomes responsible for uncovering as much as possible about the debtor’s assets and liabilities and then maximising returns for the creditors from the assets available, within certain guidelines.

Once a bankruptcy order has been made against you, your creditors can no longer pursue you for payment. Making payment to your creditors becomes the responsibility of the Trustee.

What is the cost to go bankrupt?

There are three fees you may have to pay when you take your petition and statement of affairs to the court:

  • The Court fee of £180

In some circumstances the Court may waive this fee; for example, if you are in receipt of certain benefits. If you are not sure whether you qualify for a reduction in the fee, or if you are exempt from paying the fee, Court staff will be able to advise you.

  • The Official Receivers deposit of £525 towards the costs of administering your bankruptcy.

This deposit is payable in all cases and helps meet the official receivers costs.

  • The fee to swear the statement of affairs.

In a County Court, no charge is made to swear the affidavit, which is part of your statement of affairs. But in the High Court or before a solicitor there is a £7 charge.

If you are a married couple and you are both applying for bankruptcy, you will each have to pay separate fees. If you were in business as a partnership, each partner will have to pay separate fees, unless all parties apply for a joint bankruptcy petition under the Insolvency Partnerships Order 1994 (Form 16).

The above fees should be paid in cash, postal orders, or by a building society, bank or solicitor’s cheque. Cheques should be made payable to H M Paymaster General. Personal cheques will not be accepted

What are the effects of Bankruptcy?

Property

Once you have been made bankrupt all assets belonging to you come under the control of the Trustee, including your home.

If you live with a partner and/or children then a period of twelve months may be allowed for other living arrangements to be made. At the end of the twelve-month period, the property will almost certainly have to be put up for sale, enforced by a Court order if necessary. If you own the property with someone else they may be able to make an offer to buy out your interest in the property from the Official Receiver.

What are the implications of bankrupcty?

  • Lose control of your assets both during the term of bankruptcy.
  • Your credit rating is affected for many years after the annulment.
  • You may be able to open a new bank or building society account but will have to disclose the fact that you are bankrupt. The bank or building society may then impose conditions and limitations. Overdraft facilities or chequebooks must not be obtained, as they are likely to be dishonoured. You must inform the Trustee of any funds available in the account, which exceed the normal living expenses, in order for the Trustee to distribute among the creditors.
  • Your employment could be affected (E.g. If you are a lawyer, charted Accountant, financial Advisor).
  • Certain debts such as student loans are not covered by a Bankruptcy Order therefore you will still be responsible for paying these debts.

You may not:

  • Obtain credit of £500 or more alone or jointly with another person without disclosing his or her bankruptcy.
  • Conduct business directly or indirectly in any name other than that which he or she was made bankrupt.
  • Be involved directly or indirectly in promoting, forming or managing a company without the Court’s permission.
  • Hold certain public offices (E.g. Justice of the peace, member of parliament).

When you are discharged from being bankrupt these constraints are ended.

You can keep:

You can keep any tools, books, vehicles (if low value) and other items of equipment needed personally in your employment or business. You will also be able to keep your clothing, bedding, furniture and basic household items.

Where is a bankruptcy order made?

Bankruptcy petitions are usually presented either at the High Court in London or a County Court near to where you live or trade.

A petition can be presented against you even if you are not present in England or Wales at the time, providing you normally live in, or have a recent residential or business connection with, England or Wales.

The address and telephone number of your local County Court is listed under ‘Courts’ in the phone book, where you should look for ‘Civil Courts – County Courts’ and not ‘magistrates’ Courts’. The Courts Service website at: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service has an index of County Courts that will show you the area where the County Court has jurisdiction. However, you will need to contact the Court to find out if it has jurisdiction to hear a bankruptcy case.

What happens in court?

The Court will either hear your petition straight away or arrange a time for the Court to consider it.

If English in not your first language and you need an interpreter, the Court will not be able to help you find one. You will have to do this yourself and pay interpreter’s fees.

At the hearing the Court can do one of four things:

  • Stay (delay) the proceedings – often because the Court needs further information before it can decide whether to make a bankruptcy order.
  • Dismiss the petition – perhaps because an administration order would be more appropriate.
  • Appoint an Insolvency Practitioner – if the Court thinks that an Individual Voluntary Arrangement would be more appropriate. This will only be possible if your assets are more than £4000; your unsecured debts are less than £40,000; and you have not been bankrupt or made an Individual Voluntary Arrangement in the previous five years. If you do not wish to enter into such an arrangement, you should inform the Court.
  • Make a bankruptcy order. You will be bankrupt the moment the order is made by the Court.

Who are the people that deal with your bankruptcy case?

The Official Receiver is a civil servant and an officer of the Court. He is responsible for administering bankruptcies and will act as a Trustee of your estate unless a private sector Insolvency Practitioner is appointed.

One of the Official Receiver’s main duties is to investigate your financial affairs for the time before and during your bankruptcy.

An Insolvency Practitioner can be appointed Trustee instead of the Official Receiver, they must be licensed and are usually accountants or solicitors. The Insolvency Practitioner is then responsible for the disposing of your assets and making payments to your creditors.

What are your duties?

  • When a bankruptcy order has been made, you must provide the Official Receiver with information relating to your financial affairs such as, a list of your assets (property, pensions, insurance policies etc), amounts of each debt and to which creditor they are owed to, within 21 days.
  • Any assets are then to be handed over to the Official Receiver along with any bank statements and insurance policies relating to your property and financial affairs.
  • Any assets and income increases obtained during the bankruptcy should be declared to the Trustee.
  • You must not obtain credit of £500 or more from any person without first disclosing the fact that you are bankrupt.
  • Any bank or building society accounts must no longer be used.
  • You must not make any direct payments to your creditors.
  • You may also have to attend Court to explain why you are in debt. If you do not co-operate, you could be arrested.

N.B. Are you sure declaring bankruptcy is the only option?

But before you apply for bankruptcy make sure you're certain you've considered the following questions:

Need Bankruptcy Advice?

Our panel of specialists can quickly advise you on what to do if you are considering going bankrupt or would like your bankruptcy annulled.
Simply call the team FREE on 0800 564 22 11.
Alternatively take the online bankruptcy test and check if you qualify.

  • Last updated 26 December 2015

no credit on prepayment meter

What to do if your prepayment meter has run out of credit

  • by Admin
  • June 23, 2015

This guide explains what you should do if your pre-payment meter for gas or electricity runs out of credit....

Read


dealing with debt collectors

How To Deal With Debt Collectors

  • by Admin
  • June 22, 2015

Have you received a letter or call from a debt collection agency. In this guide we'll expain how to deal with debt collectors...

Read


attachment of earnings

A Guide To An Attachment of Earnings Order

  • by Admin
  • June 23, 2015

Have you received a letter threatening an attachment of earnings. In this guide we explore what an attachment of earnings order is, how they work and how to defend...

Read

Contact the Bankruptcy Advice Online Team:

debt helpline 08005642211

0800 564 22 11

(freephone, including all mobiles)
bankruptcy advice

Request A Callback

No time to talk, we'll call you back.
bankruptcy questions

Have A Question?
Ask an expert now.

Check now online whether bankruptcy really is your best option?


PERSONAL GUARANTEE: Your details will be kept confidential. We will NEVER pass your details on to third parties unless you ask us to. We NEVER cold call or cold text.

More info on hoax calls

Latest testimonial

Fantastic,they are life savers.

I Contacted them at 5 pm on a Thursday night,they arranged a meeting Friday morning with all the relevant bodies their because my case was the following Monday .I can't sing their praises high enough they contacted the courts same afternoon. Fantastic response, I avoided bankruptcy on the Monday and was given time to arrange an Iva. I risked losing my home,my mother and fathers home all hope seemed lost until I made that fateful phone call. I can now sleep at night.

Darren

You can also get free impartial debt advice by following this link to the Money Advice Service.

BankruptcyAdvice-Online.co.uk © 2015-2016 All right reserved. Made with in Manchester

BankruptcyAdvice-Online.co.uk does not charge you any fees for using our service, all of our network partners will also provide you with a free initial consultation free of charge, to ensure you get the advice you need when you need it.

We will pass your details on to one of our network of our approved Insolvency Practitioners or Debt Advice Charities who will contact you and explain all the options available to you. They will then be able to help you set up a debt solution which is right for you.

The debt solution offered to you by our network will depend on your criteria and circumstances, including how much you owe and how many creditors you owe money to. You need to speak to a debt advisor to obtain a full assessment.

BankruptcyAdvice-Online.co.uk is owned by Money Advice Online Ltd company no. 09554412 (Registered in England and Wales). ICO registration no. ZA116663